| Summary: | 碩士 === 東吳大學 === 法律學系 === 102 === Abstract
Organ transplantation, a kind of surgery which offers a second chance for patients in very critical conditions, is a rapidly progressing and also a very common treatment in modern medical area. Asides form its disputes on ethical, medical, resource-arranging and legal issues; organ transplantation has arguments over who is qualified to claim the derivative result and the benefit of the medical and biological study on transplanted organs domestically and internationally. So this paper ,which titles “A Legal Study of Organ Donation Derivatives” , aims to provide a possible approach for organ donators to claim a reasonable scope of right, and to share the benefit of derived result of medical and biological study on transplanted organs , by reviewing domestic and international theories and opinions of practice.
Related right about organs and tissues that separated from human bodies still have disputes which haven`t been regulated. Things like, who owns those organs and tissues that separated from human bodies? Does the usage of those organs, tissues or remain specimens also need to comply with the principle of informed consents? Can patients and organ donators share the commercial gains derived from the studies of the organs, tissues and remain specimens ,which is led by profit organizations, like biomedical companies, or non-profit organizations, such as universities, government research institutions or medical centers? Does the simple offering of human organs, tissues and remain specimens for scientific researches also has to comply with the Human Biobank Management Act? As we recently talk a lot about medical tourism and international health care domestically, how to build a sound and efficient organ donation system in order to encourage people to donate healthy and useful organs and tissues legally is an important issue to study too. Asides from helping people in need, practicing beneficence and altruism, it may also help to re-build the legend of Taiwan medical treatment by offering sufficient materials for medical research. In that case, biomedical and medical technology could learn more and therefore create more possibilities.
This paper suggests that before any kinds of medical treatment and research, the procedure of “informed consent” should be done and written consent of organ donators should also be obtained. However, ,when it comes to patents and other actual profit derived from the related research, since there has been no consensus in theories and in the opinions of practice, it seems rather difficult for organ donators to claim. Therefore, after reviewing the modern law, this paper decided to use the concept of sharing commercial benefit of the derived result and aims to build a pattern according to the special fund of the budget act, which forces Government to raise non-consideration inducement for organ donators in order to fix the shortage of transplanted organs. At the same time, to comply with the Constitution and the International Covenant on Economic, Social and Cultural Rights, the Government is responsible to provide stable and sufficient materials for biological research in order to build a healthy environment for modern and conventional medical research.
Keywords : Human tissue, Organ transplantation, Organ donation, Benefit sharing
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